Privacy & Terms
Learnly provides a service enabling a parent, guardian, student, and/or teacher (‘user’) to enter, track and manage learning experiences of their homeschool students. The user can decide what data is submitted and has the ability to modify and/or remove at any time. The user submitted data will be used within the service to provide and support features related to the tracking of learning experiences, homeschool assignments, transcripts, personalized learning plans (PLPs), educational opportunities and educational collaboration.
1. HOW WE COLLECT AND USE INFORMATION
We collect and use information from:
Educational Organization: Homeschool Families, Schools, Universities, Districts, Supervisory Unions
We maintain identifying data on each organization subscribing to our services and future clients. The organization may be asked to provide identifiable data of their educators, teachers, aides, parents, guardians, and special assistants. The organization’s data will be used to provide services related to our service. We will maintain and update this data as necessary to provide our service offerings.
Users: Learnly will collect personally identifiable information (PII) about users. We will use this data to provide services related to the Learnly Service. Examples of collected data are: bios, briefs, descriptions of experiences, locations, GPS coordinates, time/date, and related uploaded media. This data will not be sold or shared and is solely used to benefit the user and their educational organization.
Parents/Guardians: We will collect name, email, and relationship data of those students under the age of 13 in accordance with the Children’s Online Privacy Protection Act (COPPA). The parent or guardian has the opportunity to review their child’s submitted data. We will deactivate and delete a student’s account when if consent is revoked or in the event that we learn consent was not provided.
2. HOW WE SHARE INFORMATION
We will only share your information in specific circumstances.
We do not rent or sell information for marketing purposes.
If the ownership or control of all or part of our service changes, we may transfer your information to the new owner. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable information.
We may be required to share when ordered by a court or to comply with law enforcement.
We may share information when we have a good faith belief that it is necessary to: detect, prevent and address illegal activity; to protect you and others, and prevent death or imminent bodily harm.
In certain features, we may provide access to parts of your account and/or your data to other related users to enhance your user experience. In such a case, we will notify you of the intent to provide this access.
3. HOW WE STORE YOUR INFORMATION
Any data stored within our service is stored in the United States. We may process this data outside of the United States. If your institution or sponsor organization resides outside of the United States, we may store your information elsewhere. We have backup procedures for data uploaded, created, and/or stored within Learnly. However we suggest that you backup your data outside of the Learnly Service.
We protect your information within our network with strict procedures. We limit access to a select few of employees.
We use encryption technology to safeguard your data.
4. OPTIONS FOR YOUR INFORMATION
Your account may be pre-populated from data gathered from your family, school, organization or institution. Any questions regarding this should be directed to your sponsoring organization.
Your data belongs to you regardless of affiliation. We will maintain your data as long as your account is within good standing regardless of link, affiliation or relationship to an educational organization.
We may retain your anonymized data for a reasonable amount of time after deactivation. Your data may not be immediately removed from our backups.
6. CONTACT US
If you have any questions about this policy, contact us at email@example.com
ACCEPTANCE OF TERMS OF SERVICE
The following sets forth the agreement (this “Agreement”) between you and Protean Holdings LLC, doing business as Learnly (with its affiliates, “Protean”, “Learnly”, “we” or “us”) under which you may use Learnly’s website located at learnly.me or learnly.school (the “Website”), subdomains, mobile applications and all linked pages owned and operated by Learnly, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and all other elements of Learnly and other materials that are provided by or in connection with Learnly (collectively, the “Learnly Service”).
The term “you” refers to you whether you are a “Visitor” (which means that you simply browse the Learnly website), you are a “Teacher” (which means that you access the Learnly website in the capacity of a teacher), a “School” (which means you are a school district or individual school that wants to facilitate its teachers and connecting with students), a “Parent or Guardian” (which means that you are accessing the Learnly application to connect with your related student and/or child) or you are a “Student” (which means you have been invited by your parent, guardian, or teacher to join the Learnly application).
Use of and membership in the Learnly application is void where prohibited.
Students may only use and access Learnly with permission of your family, parent(s), guardian(s), educational organization, institution, school or school district. If you are under the age of 13, parental consent must be obtained prior to accessing Learnly. In connection with obtaining such consent, each parent or guardian understands that Learnly will be collecting personal information from their child. Each parent, guardian, or educational organization shall indemnify and hold Learnly harmless from any and all claims that arise from failure to obtain the proper parental consent.
Periodically these terms will be updated. The most current version will supersede all previous versions. By continuing to use Learnly after changes are made, you agree to be bound by such changes.
LIMITATIONS OF USE
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use Learnly except as expressly provided in this Agreement.
(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of Learnly or create derivative works based on Learnly or its affiliates.
(c) You agree that you shall only use Learnly in a manner that complies with all applicable laws in the jurisdiction in which you use the service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(d) You agree not to upload, post, email or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of Learnly or any computer software, hardware, telecommunications equipment or other equipment or devices associated with Learnly. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with Learnly or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Learnly Service.
(e) You may only access Learnly for your own personal school/educational related learning purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with Learnly for any other purpose.
We reserve the right to discontinue any aspect of the Service at any time.
You are solely responsible for any content that you create, transmit, or display while using Learnly.
The service permits the submission of user content including text, files, images, videos or other materials and content by you (“User Content”). Learnly does not endorse or approve any User Content that you or other users contribute or post. Learnly respects the intellectual property rights of others. You must have the legal right to upload any User Content to Learnly. You may not upload or post any User Content to Learnly that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
By posting your User Content, you do not lose any ownership rights you may have to it. Learnly may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering in connection with operating, accessing and development of Learnly.
You also grant each user of Learnly a non-exclusive license to access your User Content through Learnly and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Learnly Service (subject to the privacy restrictions in the Learnly Service and any copyright notices you include in your User Content) and under this Agreement.
You agree that Learnly may use your feedback, suggestions, or ideas in any way, including in future modifications of the Learnly Service, other products or services, advertising or marketing materials. You grant Learnly a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to Learnly in any way. Learnly will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
You will need an account in order to use Learnly. You may not log in or attempt to use another user’s account except where specific access is provided within a user’s family or homeschool. When you are setting up your account, you must give us accurate and complete information. You are responsible for you account information and password. As a parent or guardian, you will create accounts for your children. You are responsible for your children’s account information and password. We reserve the right to suspend your account and those associated with your family and/or require you to alter your password(s) if we believe for any reason that your password is no longer secure. You may not share your Learnly account password with any other person for any reason. Under specific circumstances there are exceptions to requiring an account to access limited portions of Learnly. Certain functions of Learnly allow a user to share part of their data to individuals (“External Visitors”) who do not have an account within the Learnly Service. These external visitors only have access to specific shared data from a Learnly user. It is the responsibility of the Learnly user to safely share this data and to be knowledgeable of its intended recipients. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
DISCLAIMERS; NO WARRANTIES
Learnly and any third-party media, software, services, materials or applications made available in conjunction with or through the Learnly Service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Learnly and its affiliates, licensors, suppliers, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Learnly and its affiliates, suppliers and partners do not warrant that the functions contained in the Learnly Service will be uninterrupted or error-free, that any defects will be corrected, or that the Learnly Service or the server that makes it available is free of viruses or other harmful components.
Learnly, and its licensors, suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of the Learnly Service in terms of its correctness, accuracy, reliability, or otherwise. You (and neither Learnly nor its suppliers and partners) assume the cost of any necessary servicing, repair, or correction. You understand and agree that you download, purchase, or otherwise obtain media, materials, or other data through the use of the Learnly Service at your own discretion and risk and that you will be solely responsible for any damage to your equipment, wireless device or loss of data that results from such material or data.
INDEMNIFICATION; HOLD HARMLESS; RELEASE
You agree to indemnify, hold harmless and release Learnly, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Learnly Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Learnly Service. Learnly reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
Under no circumstances, including, but not limited to, negligence, shall Learnly or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers, be liable to you or to any third party for any special, punitive, indirect, incidental, consequential, or exemplary damages that result from your use of or inability to use the Learnly Service or any cause of action arising hereunder, even if Learnly or a Learnly authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Learnly’s liability will be limited to the extent permitted by law.
Notwithstanding the foregoing, in no event shall Learnly, regardless of the cause of action, have any liability for any damages incurred by reason of any products or services sold or provided to you by third parties other than Learnly and received by you through or advertised on the Learnly Service or received by you through any links provided on the Learnly Service.
Please be aware that Learnly and all User Content may be subject to the U.S. Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy interests of students in their education records. It generally prohibits the disclosure of a student’s personally identifiable information from education records without the consent of the parent or eligible student. An eligible student is one who reaches the age of 18 years old and/or attends a postsecondary educational institution, in which case the rights of the parent transfer to the student. Generally, FERPA also gives Parents or eligible students the right to inspect and review the student’s education records, request that a school correct records which they believe to be inaccurate or misleading, consent (or withhold consent) to a school releasing any information from a student’s education record absent certain circumstances. A more detailed overview of FERPA can be found at the website for the U.S. Department of Education at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
Any such use of Learnly, and any materials contained therein, may not be lawful by certain persons or in certain territories. You are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
FEES, TAXES & REFUNDS
A valid credit card or PayPal account is required for paying accounts. Free accounts are not required to provide a credit card number. All fees associated with your account are due in full and payable in advance.
All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of Learnly.
You must promptly notify Learnly of billing information changes, such as credit card number or credit card expiration date.
The Learnly Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for unused accounts.
Your subscription to the Learnly Service(s) will renew automatically for the equivalent plan. You acknowledge and agree that, unless you cancel your account, your credit card will be charged automatically for the subscribed plan.
You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from your profile’s “payment” page. The parent(s) and/or guardian(s) are the only users with access to this page.
Any cancellation of your account will result in the deactivation or deletion of your account and all related family accounts, and the removal of all content in your account and of each family member. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
MODIFICATION AND PRICES
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Learnly Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all Learnly Service plans are subject to change. If Learnly decides to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least one (1) months notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Learnly Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Learnly Service. Your continued use of the Learnly Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Learnly Service, including the release of new tools and resources, will be subject to these Terms of Service.
RIGHT TO TERMINATE
Your rights under this Agreement will automatically terminate without notice from Learnly if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Learnly Service and Protean Holdings LLC may immediately restrict your access to the Learnly Service.
Learnly reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days.
Any content displayed and/or processed utilizing the System shall not contain any of the following:
content that infringes a third party’s rights (e.g., copyright) according to applicable law;
excessively profane content;
hate-related or violent content;
content advocating racial or ethnic intolerance;
content intended to advocate or advance computer hacking or cracking;
content related to or enabling Gambling;
content relating to other illegal activity, including without limitation illegal export of controlled substances or illegal software or drug paraphernalia;
malicious content; or
other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, Client may not and may not allow any third party, including Authorized Users of Client, to:
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content through or using the System;
Use the System to conduct or forward pyramid schemes and the like;
Transmit content using the System that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent Client or the source of any email;
Transmit another party’s intellectual property or other proprietary information without such owner’s or licensees permission;
Use the System to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users’ enjoyment of the System;
Sell, trade, resell or otherwise exploit the System for any unauthorized commercial purpose;
Modify, adapt, translate, or reverse engineer any portion of the System;
Remove any copyright, trademark or other proprietary rights notices contained in or on the System;
Reformat or frame any portion of the web pages that are part of the System‘s administration display;
Use the System in connection with illegal peer-to-peer file sharing;
Display any content on or through the System that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
Modify the Learnly logo or any other Learnly marks; or
Use the System, or any interfaces provided in connection therewith, to access any Learnly products or services in a manner that violates the Agreement or other terms and conditions for use of such Learnly products or services.
Learnly, c/o Protean Holdings LLC
Contact us by email: firstname.lastname@example.org
Last Updated: November 19, 2018
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